ZR v TP
[2023] EWHC 3407 (Fam)
Re C (Parental alienation: permanent removal to Germany)
27 July 2023
[2023] EWHC 1955 (Fam)
High Court
A mom wants to move to Germany with her daughter. The dad says the mom is keeping the daughter from him. The judge says moving to Germany is best for the daughter because she'll be happier and closer to family, and it might even help her get along better with her dad later. The dad's request to keep the daughter in the UK is refused.
Key Facts
- •Six-year-old C's parents, F and M, are in a dispute over her care and permanent relocation to Germany.
- •Proceedings have been ongoing since August 2019, involving Hague Convention proceedings and multiple court hearings.
- •M seeks permission to permanently remove C to Germany, where her family resides.
- •F opposes the move, alleging parental alienation by M and seeking a child arrangement order for C to live with him.
- •A Guardian represents C's interests.
- •Cardiff County Council Children Services supports M's application.
- •Recorder Archer previously made findings of abusive behavior against both parents.
- •Numerous attempts at contact between C and F have been largely unsuccessful.
- •The court considered three proposals: return to Germany, removal to F's care, and a psychological assessment.
Legal Principles
The child's best interests are the paramount consideration.
Children Act 1989, s 1
Presumption of parental involvement unless proven detrimental.
Children Act 1989, s 1(2A)
Welfare checklist considerations (wishes and feelings, needs, likely effects of change, age, sex, background, harm, parental capabilities, available powers).
Children Act 1989, s 1(3)
No presumption in favor of relocation for primary carer unless compelling reason.
Payne v Payne [2001] EWCA Civ 166
Article 8 rights of all parties to be considered.
ECHR Article 8
Orders must be fair and in accordance with Article 6.
ECHR Article 6
Definition and assessment of parental alienation.
Case law on parental alienation (e.g., Re. S [2020] EWCA Civ 568)
Brussels IIA for enforceability of orders in Germany.
Regulation (EC) No 2201/2003
Outcomes
F's application for a child arrangement order dismissed.
Not in C's best interests; would cause significant harm.
M's application for permanent relocation to Germany allowed.
In C's best interests; meets her needs and offers best chance for relationship with F.
Guardian's Part 25 application for psychological assessment refused.
Not in C's best interests; unlikely to improve relationship with F and would cause further harm through delay.